Schultze v. Cohen
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Jacob Schultze against Harry Cohen. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtShearn, J.
[1,2] The complaint alleges that defendant made and delivered a check for $50 to' one Polsky, who subsequently and for value indorsed and delivered it to plaintiff. The answer admits the making of the check, but denies that it was delivered to plaintiff for value, and sets up two defenses, namely, that neither defendant nor Polsky received any consideration for the check, and that it was given as a deposit under an agreement between plaintiff and Polsky, whereby Polsky agreed to buy from plaintiff his cigar and stationery store, if upon trial it proved to have a daily income of $10 a day, and…
2Cases cited1 opinion
- Weber v. Williams & Morford Co.Appellate Terms of the Supreme Court of New York · 1913
3Cited by2 opinions
- Aupperle v. DohertyCity of New York Municipal Court · 1930
- Cantasano v. CourtneyAppellate Terms of the Supreme Court of New York · 1917